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(영문) 광주지방법원 2017.06.23 2017고단2305
명예훼손
Text

All prosecutions against the Defendants are dismissed.

Reasons

1. The summary of the facts charged is that Defendant B operates the “D funeral ceremony”, Defendant A is the mother of Defendant B, and Victim E is the G’s father who operates the “F funeral ceremony” in the same area as Defendant B.

A. Defendant A, at around 14:00 on September 1, 2014, the emergency room of the I Hospital located in G, G, and G’s wifeJ and the residents of the deceased village in a funeral hall. While the Defendant had a dispute over whether he/she would take care of the funeral in a funeral hall, Defendant A and several persons, such as hospital staff and patients, are heard, Defendant A, despite the absence of the victim’s interference with his/her father and her father, intends to punish his/her father and son of his/her father and to punish him/her.

“The victim’s reputation was damaged by openly pointing out false facts by sound invasion.”

B. On February 15, 2016, the Defendant: (a) at a F funeral hall operated by G located in G located in G located in G located in G located in Masung-gun, the Defendant was arguing about G as a matter of the victim’s male relation; (b) while the Defendant’s mother was arguing about G in the previous issue of the victim’s male relation; (c) police officers and village residents, etc. who were dispatched after receiving a report 112, received the victim’s 112 report were heard by the victim, and even though the Defendant did not have the victim her father with his father, the Defendant met G with “her male” notwithstanding the fact that the Defendant

As a result of sound "mast, a male," the reputation of the victim was damaged by openly stating false facts.

2. Determination of each of the above facts charged is a crime falling under Article 307(2) of the Criminal Act and cannot be prosecuted against the victim’s express intent under Article 312(2) of the Criminal Act. It is recognized that E explicitly expressed its intent not to punish the Defendants on June 16, 2017, the date of the instant indictment.

Therefore, all prosecutions against the Defendants are dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.

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